Page 191 - DCOM308_DCOM502_INDIRECT_TAX_LAWS
P. 191

Indirect Tax Laws




                    Notes          undergone production, mixing, assembling, or packing and then exported to a foreign port or as
                                   stores for use on board a ship proceeding to a foreign port within one (1) year from the date of
                                   importation.

                                   Eligibility for Duty Drawback

                                   If the exports meet the criteria listed below, the  import duty already paid or the  guarantee
                                   placed on such imports shall be repaid or returned as drawback to the importer.
                                   1.  The drawback on such imports is not prohibited by the Ministerial Regulations.

                                   2.  The quantity of the imports used in producing, mixing, assembling, or packing exports is
                                       in accordance with the rules approved or specified by Customs.
                                   3.  The goods are exported through a port or place of exit designated for a drawback scheme.

                                   4.  The goods are exported within one (1) year from the date of importation of the goods used
                                       in producing, mixing, assembling or packing exported goods. In case where  there is a
                                       force majeure event that causes the delay of such exportation, Customs may extend the
                                       aforementioned period by six (6) months.
                                   5.  A claim for drawback must be made within six (6) months from the date of exportation of
                                       the goods. However, Customs may extend this time limit on a case by case basis.

                                   Eligible Goods for Duty Drawback

                                   1.  Raw materials which are obviously seen in the exports e.g. fabrics, buttons, zippers and
                                       thread in garments, plastic sheeting in plastic products, etc.

                                   2.  Raw materials used directly in the manufacturing process and contained in the exports but
                                       not obviously seen e.g. preservatives in canned food, stiffening agents in garments, solvents
                                       for glue in cellophane and anti-rust agents in electronic circuits, etc.
                                   3.  Raw materials required in the manufacturing process e.g. sizing materials and bleaching
                                       agents used in textile products, sand paper, scouring powder, varnish, velvet, scouring
                                       agents, chalk, carbon paper and pattern.

                                   Non Eligible Goods for Duty Drawback

                                   1.  Machinery, tools,  moulds and  various appliances e.g. grinding ball for ores, tools and
                                       appliances made from tungsten carbide used in the manufacturing of watches, etc.

                                   2.  Fuels for manufacturing e.g. fuel oil, firewood, coal, etc.

                                   Drawback Procedures

                                   1.  Request for approval
                                   2.  Importation of raw materials
                                   3.  Submission of production formula
                                   4.  Submission of "right transferred table"

                                   5.  Exportation of Goods
                                   6.  Claiming for duty drawback
                                   7.  Duty payment on raw materials not exported




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